Boyd v. Gore
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: MabtiN L. Luece, Circuit Judge. This is an action to recover certain sums wbicb tbe plaintiffs claim as assignees of one Coller. Tbe defendant by counterclaim seeks to offset against tbe plaintiffs’ claims certain demands wbicb be claims existed in bis favor against Coller at tbe time tbe assignment was made. Tbe action was tried by tbe court, trial by jury having been waived.
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Appeal from a judgment of tbe circuit court for Dodge county: MabtiN L. Luece, Circuit Judge. This is an action to recover certain sums wbicb tbe plaintiffs claim as assignees of one Coller. Tbe defendant by counterclaim seeks to offset against tbe plaintiffs’ claims certain demands wbicb be claims existed in bis favor against Coller at tbe time tbe assignment was made. Tbe action was tried by tbe court, trial by jury having been waived. It appeared that October 1, 1906, AVilliam Gore, tbe defendant’s-testator, leased by a written agreement bis farm of 160 acres to one Coller, tbe plaintiffs’…
1Opinion of the Court
Wihslow, O. T.
The appellant makes no objection to the items of $45 and $6 allowed by the court to the plaintiffs for milk money received by Gore and for chores. There are but two items in dispute on this appeal necessary to be considered, namely, the item of $67.50 allowed by the court to the plaintiffs for plowing done by Coder in the fad of 1907, and tire item of $7 5 claimed by defendant as damages for Coder’s failure to draw out the manure during the winter, which latter item was disallowed by the court. It was Coder’s duty under his lease to do both of these things; hence it is plain…
2Cases cited10 opinions
- Moloney v. . NelsonNew York Court of Appeals · 1899
- Messimer v. McCraySupreme Court of Missouri · 1893
- McMullen v. RitchieU.S. Circuit Court for the District of Northern Ohio · 1894
- Neis v. FarquharsonWashington Supreme Court · 1894
- Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880
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3Cited by17 opinions
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